Last month, our post about art NFTs and the DMCA highlighted the distinction between non-fungible tokens and the copyrighted works they represent. In the context of copyright, this dichotomy is generally uncontroversial: In...more
4/12/2022
/ Blockchain ,
Corporate Counsel ,
Fashion Industry ,
First Sale Doctrine ,
Intellectual Property Protection ,
Nike ,
Nominative Fair Use Doctrine ,
Non-Fungible Tokens (NFTs) ,
Popular ,
Retail Market ,
Trademark Infringement ,
Trademark Litigation ,
Trademarks
It is generally understood that trademark law protects against a third party’s use of your mark or a confusingly similar mark to mislead consumers into thinking goods manufactured by someone else were made by your company....more
Under Section 1117(a) of the Trademark Act, courts may award the plaintiff's lost profits or the defendant's profits resulting from a violation of the statute. The Supreme Court decided today that while a defendant's mental...more
4/23/2020
/ Appeals ,
Calculation of Damages ,
Certiorari ,
Disgorgement ,
Lanham Act ,
Romag Fasteners v Fossil ,
SCOTUS ,
Trademark Infringement ,
Trademark Litigation ,
Trademarks ,
Willful Infringement
Earlier this month in Abbott Laboratories v. Adelphia Supply USA et al, the Second Circuit affirmed a district court's grant of a preliminary injunction halting the alleged sale of gray-good diabetes test strips made by...more
Last week, the TTAB agreed to vacate a precedential decision at the direction of a district court judge putting an end (for now) to a stand-off between the administrative body and the federal judiciary. As we have previously...more
On February 29, 2016, the Supreme Court declined to review a Ninth Circuit decision holding that there was no likelihood of confusion, and therefore no trademark infringement, where Amazon.com responded to consumer searches...more
Trademark owners and practitioners who took heart in the Supreme Court's seemingly confined holding that issue preclusion can but does not necessarily apply to likelihood of confusion determinations by the Trademark Trial and...more
9/4/2015
/ B&B Hardware v Hargis Industries ,
Corporate Counsel ,
Intellectual Property Protection ,
Inter Partes Review (IPR) Proceeding ,
Issue Preclusion ,
Judicial Review ,
Likelihood of Confusion ,
Popular ,
Right To Appeal ,
SCOTUS ,
Trademark Infringement ,
Trademark Litigation ,
Trademark Registration ,
Trademark Trial and Appeal Board ,
Trademarks
Yesterday the United States Supreme Court issued a landmark ruling in B&B Hardware, Inc. v. Hargis Industries, Inc. et al., case number 13-352, 575 U.S. ___ (2015), holding that likelihood of confusion determinations by the...more